DOE to investigate Maine Education Department over trans athletes, Title IX

• The DOE announced it is launching an investigation into Maine’s Education Department, citing alleged Title IX violations. The news comes after a transgender athlete reportedly won a girls’ state pole vaulting competition.
• Hours before the investigation was announced, President Trump and Maine Gov. Janet Mills had a public exchange about transgender athletes during a White House event.
• If found to be in violation of Title IX and Trump’s recent executive order restricting trans athletes in women’s and girls’ sports, Maine’s Education Department could lose its federal funding.

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The U.S. Department of Education (DOE) on Friday, Feb. 21, announced that it is launching an investigation into the Maine Department of Education (MDOE) and one of its school districts over alleged Title IX violations. The investigation threatens to cut MDOE off from federal funding.     

In a letter sent to the Maine Department of Education Commissioner Pender Makin, the DOE accused Maine’s Education Department of “violating antidiscrimination law” by continuing to allow athletes assigned male at birth to compete on girls’ teams, while also “[denying] female athletes female-only intimate facilities.”

The move follows an executive order President Donald Trump signed on Feb. 5, directing all federal agencies to bar transgender athletes from participating in women’s and girls’ sports. Maine has refused to comply with the executive order, citing the state’s Human Rights Act preventing discrimination based on gender identity.

The investigation is also targeting one Maine school district after a transgender athlete reportedly won a girls’ state pole vaulting competition.

Hours before the DOE announced its investigation, Trump and Democratic Maine Gov. Janet Mills had a public exchange about transgender athletes during a bipartisan meeting of governors at the White House.

Trump reportedly asked Mills if her state would comply with his executive order, to which Mills said, “I’m complying with state and federal laws.” Trump responded, “We are the federal law,” adding, “You’d better comply, otherwise you’re not getting any federal funding.”

Mills tersely replied, “We’ll see you in court.”

In a statement, acting Assistant Secretary for Civil Rights Craig Trainor said, “Let me be clear: If Maine wants to continue to receive federal funds from the Education Department, it has to follow Title IX. If it wants to forgo federal funds and continue to trample the rights of its young female athletes, that, too, is its choice. OCR will do everything in its power to ensure taxpayers are not funding blatant civil rights violators.” 

Mills released her own statement, saying in part, “My administration will begin work with the attorney general to defend the interests of Maine people in the court of law. But do not be misled: this is not just about who can compete on the athletic field, this is about whether a president can force compliance with his will, without regard for the rule of law that governs our nation. I believe he cannot.”